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Recent cases

Coward v Phaestos Ltd & Ors [2014] EWCA Civ 12562 October 2014James Abrahams acted for the defendants, the IKOS group of companies, in this appeal relating to costs in computer copyright litigation. The total costs were of the order of £20 million. The central issue was a ‘Calderbank’ offer to settle, made at an earlier stage by the claimant, Mr Coward. At first instance, Mrs Justice […]
Cranford Community College v Cranford College Ltd [2014] EWHC 2999 (IPEC)19 September 2014Jonathan Hill successfully defended Cranford College Limited (“CCL”) in a passing off action alleged by Cranford Community College (“CCC”). CCC also sought a declaration of invalidity of CCL’s two UK trade marks and alleged that CCL’s use of names, domain names and trade marks were instruments of deception. Judge Hacon, in the IPEC, held that […]
The Polo/Lauren Company v OHIM T-265/1318 September 2014Jonathan Hill recently acted for the Polo/Lauren Company, LP, the owner of the well known Ralph Lauren “Polo” brand, the applicant in proceedings before the General Court of the Court of Justice of the European Union challenging OHIM’s rejection of its opposition to the registration of a logo featuring a player of bicycle polo wielding […]
Thomas Pink Ltd v Victoria’s Secret UK Ltd31 July 2014Charlotte May QC and Jaani Riordan recently acted for the successful claimant in Thomas Pink Ltd v Victoria’s Secret UK Ltd [2014] EWHC 2631 (Ch). The Claimant was the well-known English clothing retailer, Thomas Pink, which owned UK and Community trade marks for logos featuring the mark “PINK”. Thomas Pink complained about a line of […]
Aga Medical Corporation v Occlutech (UK) Limited [2014] EWHC 2506 (Pat)22 July 2014Richard Meade QCappeared as lead counsel for AGA Medical Corporation, the Claimant and PT20 Defendant, against Andrew Lykiardopoulos QC who acted as lead counsel for Occlutech (UK) Limited, the Defendant and PT20 Claimant. This was an infringement action relating to a patent concerning a medical device for occluding defects in the atrial septum of the […]
A Khan Design Limited v Stephen Horsley & Another [2014] EWHC 3019 (IPEC)21 July 2014Lindsay Lane appeared on behalf of Stephen Horsley in an application to strike out claims for damages and costs made by A Khan Design Limited following a design right trial. Applying the principles in Denton v White, Mr Baldwin QC, struck out the Claimant’s claims for costs and damages on the ground of its failure […]
Eli Lilly v Human Genome Sciences [2014] EWHC 240418 July 2014Michael Tappin QC again acted for HGS in this latest episode of its long-running battle with Eli Lilly. Lilly had challenged the validity of HGS’s patent but failed in the Supreme Court and (on the some outstanding issues) in the Court of Appeal. Lilly then sought a declaration that any SPC granted to HGS based […]
Lilley v Euromoney Institutional Investor Plc & Anor [2014] EWHC 2364 (Ch)16 July 2014Lindsay Lane  appeared for the Chartered Institute of Management Accountants (CIMA), a defendant in one of a number of actions brought by Victor Lilley, a litigant in person. Mr Lilley alleged copyright infringement in relation to articles originally published in journals in the late 1990s on the ground that they had been placed on the internet […]
Rovi Solutions Corporation & Anor v Virgin Media Ltd & Ors [2014] EWHC 2301 (Pat)14 July 2014James Abrahams and Isabel Jamal recently appeared for the Claimants, Rovi Solutions Corporation and United Video Properties Inc., against James Mellor QC and Andrew Lykiardopoulos QC acting for the Defendants, Virgin Media Limited and others. The proceedings related to a European Patent, owned by the Claimant, for live and non-live Video on Demand services. Mr […]
PRCA v. Newspaper Licensing Agency Ltd Case C-360/135 June 2014Andrew Lykiardopoulos QC recently acted for the PRCA in the Supreme Court and reference to the Court of Justice. The case raised the important question of whether copies made on a user’s computer (on screen or in the internet cache) when browsing websites could constitute an infringement of copyright. The Court held that they cannot. […]